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ANDORRA
Consell general (General Council) PARLIAMENTARY OVERSIGHT

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Chapters:

Parliament name (generic / translated) Consell general / General Council
Structure of parliament Unicameral
POLITICAL SYSTEM
Type of political regime parliamentary co-Principality
Notes In 1993, after 700 years under the governance of France and a Spanish Bishop, Andorra gained independence via a referendum and adopted a new Constitution. The President of the French Republic and the Spanish Bishop of Urgell, conforming to the new Constitution, retain the formal duties of coprincipality and head of state.
Head of the executive Head of Government
Notes The head of the Government (Cap de Govern, Article 72.2 of the Constitution) directs Andorra's national and international policies. He or she equally governs the administration of the State and exercises regulatory authority.
Method for appointing the executive The coprinceps are conjointly and indivisibly the Heads of State (Cap de l'Estat, Article 43.1 of the Constitution) and embody the highest representation. They appoint the head of the Government (Article 45.1.c of the Constitution). The latter is elected after each renewal of the General Council (Consell General), which in its turn appoints the ministers.
Term of office of the executive and coincidence with the term of the legislature The term of office of the general councillors is four years and coincides with that of the head of the Government.
Incompatibility of the functions of member of the executive and member of Parliament Yes Members of the Government cannot combine their post with that of a parliamentarian and may only carry out public duties, which result from their membership of the Government (Article 78.2 of the Constitution). When they are appointed they relinquish their posts as parliamentarians.
Dissolution of Parliament Yes
  • Circumstances
 The parliament may be dissolved before the expiration of its term (Article 71.1-2 of the Constitution), but the dissolution may not be pronounced if a motion of censure has been made or if a state of emergency has been declared.
  • Modalities
 After deliberation by the Government, the head of the Government may under its responsibility ask the Coprinceps to dissolve the parliament. The parliament may neither terminate its office nor prolong it. Over the course of the past eleven years (1990-2000) the parliament has not been dissolved.
ACCOUNTABILITY
Accountability of Government to Parliament Yes The Government is jointly responsible before the parliament (Articles 50 and 69.1 of the Constitution).
Modalities of oversight
  • Oral and written questions of parliamentarians
 Questions enable parliamentarians to bring the political responsibility of the Government into play. Parliamentarians pose questions while indicating whether they want oral or written replies (Articles 129 and 130 of the Rules of Procedure of the General Council).
  • Government reports to Parliament
 Annual reports enable the parliament to bring political responsibility of the Government into play.
Measures
  • Vote of confidence on Government programs and/or legislative proposals
 Questions and votes of confidence enable the parliament to bring political responsibility of the Government into play.
Motions of censure and votes of no confidence (sub-report)
  • Circumstances
 A fifth of parliamentarians may present a motion of no confidence, written and justifiable, against the head of the Government. Normally, a motion stems from disfavour in governmental action.
  • Modalites
 Following the debate, which takes place within three days of a motion of no confidence being put forward in conditions set out by the rules, a public and oral vote takes place. Thereafter, events proceed in accordance with the provisions for legislative elections (Article 68 of the Constitution). The motion of no confidence must be adopted by an absolute majority of the parliamentarians.
  • Consequences
 If the motion of no confidence is passed, the head of the Government hands in his resignation with his whole team. At 7 November 1991, only one motion of no confidence had been brought in over the past eleven years (1990-2000). It originated in the majority and was not carried.
Dismissal and/or impeachment of Government and other public officials (sub-report)
  • Circumstances and persons concerned
 The authority of impeachment is not recognized in the parliament.
  • Modalites and procedure
 Not applicable
  • Consequences
 Not applicable
  • Have these procedures been applied?
 Not applicable
OVERSIGHT OVER THE ACTIONS OF THE GOVERNMENT ADMINISTRATION
Oversight over the actions of the Government administration Yes In order to carry out parliamentary activity, deputies have the right to obtain data, information and documents held by the public administration. Requests are carried out via the chairman of the parliament (Article 5 of the Rules of Procedure of the General Council).
Means and modalities of oversight
  • Hearings in Committees
 The parliament exercises control of the government administration via of hearings before the committees or in plenary session (Articles 48 and 49.b of the Rules of Procedure of the General Council).
  • Committees of inquiry and missions to Government departments
 The parliament exercises control over the government administration by creating investigating committees (Article 136.1 of the Rules of Procedure of the General Council)
  • Oral and written questions of parliamentarians
 Parliamentarians may put questions to the Government, stipulating whether they require oral or written replies (Articles 129 and 130 of the Rules of Procedure of the Council General). The Government must reply within 30 days of question being published. Questions with an oral response may be included in the plenary session agenda from the seventh day of their publication. At the time of each ordinary session, one hour, which may be prolonged, is reserved for questions.
  • Role of Parliament in the appointment of senior Government officials
 Not applicable
  • Activity reports of the Government administration and of public services or establishments
 The ombudsmen as well as the Court of Auditors are bound to report on their activities to the parliament.
  • Representation of Parliament in governing bodies of the Government administration
Not applicable
Existence of an ombudsman Yes
  • Method for appointing the executive
 The Ombudsman (Raonador del Ciutadà) is appointed by a two-thirds majority of the members of the parliament (Article 8 of the law of creation and functioning of the ombudsman).
  • Relationship to Parliament
The Ombudsman is an institution, whose aim is to defend and secure the fulfilment and application of the rights and liberties recognized by the Constitution, acting as a delegate or appointee of the parliament. He or she submits an annual report of his or her activities to the parliament.
BUDGETARY OVERSIGHT
Consultation of Parliament in the preparation of the national budget No The initiative of the general budget parliamentary bill belongs exclusively to the Government, which presents it to the parliament at least two months before the preceding budget expires (Article 61.1 of the Constitution).
Modalities of oversight
  • Examination of the budget / finance act by Parliament
 The parliament approves the national budget on the proposal of the Government.
  • Reports on the budget / finance act by Committees
 The parliament exercises control of the budget via the reports of the Finance Commission (Article 61.5 of the Constitution).
Fields overseen
  • Defence budget
 Not applicable
  • Budget of special departments
 Not applicable
  • Role of Parliament in national development plans
 Not applicable
Parliament's deadline for the examination and adoption of the budget / finance act The budget must be presented on approval by the parliament at least two months before the preceding budget expires. The parliament must approve the budget before the first day of the new financial year.
Consequences of failure by Parliament to adopt the budget / finance act If the budget law is not adopted before the first day of the financial year, the previous financial year is automatically prolonged until a new one is adopted (Article 61.3 of the Constitution).
Budgetary autonomy of Parliament Yes The General Council fixes its own budget and regulates the statute of the staff at its service (Article 54 of the Constitution).
OVERSIGHT OF THE IMPLEMENTATION OF THE BUDGET AND OF GOVERNMENT SPENDING
Evaluation of Government spending
Parliament approves Government expenditures annually Yes The Court of Auditors must submit a report to the parliament before 30 September of each year (Article 30 of law of the Accounts Tribunal). A specially designated parliamentary committee drafts and sends to the parliament a report on the annual financial and tax reports that have been drawn up by the Court of Auditors.
Parliamentary oversight of public companies No Not applicable
Modalities of oversight
  • Body for auditing the Government's books and method for appointing
 The Court of Auditors (accounts tribunal) is the public accounts audit body appointed by the parliament.
  • Reports of the public auditor's office
 The Court of Auditors must submit a report to the parliament before 30 September of each year (Article 30 of the law of the Accounts Tribunal). A specially designated parliamentary committee drafts and sends to the parliament a report on the annual financial and tax reports that have been drawn up by the Court of Auditors. The reports of the Court of Auditors are published in an official bulletin. The parliament recommends through its resolutions that all bodies of the administration take the observations into account and to adopt the necessary measures for its accomplishment (Article 32 of the law of the Accounts Tribunal).
  • Specialised committee
 The Government debriefs public spending at the parliament every three months by means of budgetary implementation reports. The parliament exercises control over the execution of all public spending by means of reports of the committee duly appointed for that purpose.
OVERSIGHT OVER FOREIGN POLICY
Foreign Relations Committee (sub-report)
  • Functions of the Committee
 The parliament exercises control over foreign policy through the Foreign Affairs Committee.
  • Powers of the Committee
 Not available
  • Composition of the Committee
 Not available
  • Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad
 The parliament exercises control over foreign policy by means of bilateral visits and inter-parliamentary conferences.
  • Plenary debates on foreign policy issues
 The parliament exercises control over foreign policy by organizing plenary debates when there is reason to.
Involvement of Parliament
  • Participation of Parliament in inter-governmental meetings
 The Government frequently organizes intergovernmental reunions at which the parliament is invited to participate.
  • Modalities and procedures for ratifying international treaties and agreements (sub-report)
 The General Council approves international treaties by an absolute majority of its members in cases stipulated by the Constitution (Article 64). The ratification of a treaty is obligatory for its entry into force. International treaties requiring parliamentary approval are examined following the same procedures assigned to parliamentary bills detailed in Chapter III of the Rules of Procedure of the General Council, and they are considered approved in accordance with the provisions of the Constitution. Treaties or international agreements signed by the executive but not ratified by the parliament are not acceptable.
  • Other mechanisms for participation in foreign policy by Parliament
In addition to the method outlined above, parliamentarians normally address questions, with oral or written replies, to the Government.
OVERSIGHT OVER NATIONAL DEFENCE POLICY
National Defence Committee (sub-report)
  • Functions of the Committee
 Not applicable
  • Powers of the Committee
 Not applicable
  • Composition of the Committee
 Not applicable
Parliamentary oversight of public arms manufacturing companies Not applicable
Circumstances and involvement
  • Modalities and procedures in case of war, an armed attack or a state of emergency
 A state of emergency may be declared by the Government for a period if thirty days in cases where the normal functioning of democratic life is interrupted, after receiving preliminary authorization form the parliament.
  • Role of Parliament in sending troops abroad
 Not applicable
  • Other mechanisms for participation in national defence policy by Parliament
 No policy of this type is applied in the Principality.
STATE OF EMERGENCY
Circumstances A qualified bill regulates a state of alert and a state of emergency. The first may be declared by the Government in the case of a natural disaster, for a period of two weeks, and is subject to notification at the parliament. The second is equally declared by the Government, for a period of thirty days, in case of the interruption of the normal functioning of democratic life, after the preliminary authorization of the parliament. Any extension of these dispositions automatically requires the parliament's approval (Article 42.2 of the Constitution).
Can parliament take the initiative to declare a state of emergency No
Consequences of a state of emergency for Parliament Not available
VERIFICATION OF THE CONSTITUTIONALITY AND THE APPLICATION OF LAWS
Modalities of oversight
  • Body ruling on the constitutionality of laws
A specialised body / constitutional Court The Constitutional Court (Tribunal Constitutional), as supreme interpreter of the Constitution, is the judge of the Constitutionality of the law (Articles 95-104 of the Constitution). The Court sits as judicial organ and its decisions apply to public authorities and to private persons.
  • Means and procedures
 The Constitutional Court recognizes (i) appeals of unconstitutionality against laws, special decrees and the Rules of Procedure of the General Council; (ii) requests of preliminary opinion of unconstitutionality about international laws and treaties; (iii) processes of constitutional appeal; and (iv) conflicts of jurisdiction between constitutional organs (Article 98 of the Constitution). Appeals of unconstitutionality against laws and decrees may be lodged by a legal delegation of one fifth of the members of the General Council, the head of the Government and three Comuns. One fifth of the General Council may lodge and appeal of unconstitutionality against the Rules of Procedure of the Chamber. The appeal shall be lodged within thirty days of the publication of the rule.

The Coprinceps, the head of the Government or a fifth of the members of the Council may refer the unconstitutionality of international treaties to the Constitutional Court before their ratification. The tribunal examines this request as priority. If the tribunal contests the unconstitutionality of the treaty, it may not be ratified. In any case, the conclusion of an international treaty containing clauses that contravene the Constitution call for the latter's preliminary revision. A constitutional appeal against the acts of public authorities impairing fundamental rights may be lodged by: (i) those having been part or accessory to the previous legal proceedings referred to in Article 41.2 of the Constitution; (ii) those having a legal interest related to non-enforceable provisions or acts of the General Council; and (iii) the Public Prosecution in case of violation of the fundamental right to jurisdiction.
Evaluation of laws Not applicable
Measures

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